A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 7, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Central District Court, and the said judgment became final and conclusive on August 15, 2014.

(위 판결의 집행유예는 2015. 9. 22. 의정부지방법원 고양지원 2015초기550 집행유예취소결정에 의하여 취소되었다). [범죄사실] 피고인과 C은 2014. 7. 25. 05:15경 서울 은평구 D에 있는 E주점 앞 길에서, 피고인이 위 주점 내에서 춤을 추다가 피해자 F(28세)과 몸을 부딪혀 시비가 되어 피해자가 주점 밖으로 나가자 뒤따라 나와, C은 주먹으로 피해자의 얼굴을 1회 때려 넘어뜨리고, 피고인과 C은 함께 주먹과 발로 피해자의 얼굴과 몸통을 수회 때리고 걷어찼다.

As a result, the defendant jointly with C, caused approximately two weeks of treatment to the right side in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses G in the third protocol of trial;

1. Statement of witness F in the fourth protocol of the trial;

1. Statement made by the prosecution with respect to F;

1. A damaged photograph of victim F;

1. A written diagnosis of injury;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. There are various circumstances unfavorable to the Defendant, including the following: (a) the Defendant had a criminal record of suspended execution due to the same kind of crime; (b) the Defendant denied his/her criminal act without reflecting his/her mistake; and (c) the victim’s injury is not less and less than that of his/her own injury.

However, in addition to the above suspended sentence, the defendant's age has not yet been the juvenile protection disposition.